Appeals dismissed; arbitrator's findings on post-156 week benefits, special award, and collateral benefits deductions upheld.
Both parties appealed an arbitration decision regarding the insured's entitlement to weekly income benefits beyond 156 weeks following a motor vehicle accident.
The insurer appealed the finding that the insured met the post-156 week test and the order to pay a $5,000 special award for unreasonably terminating benefits.
The insured appealed the amount of the special award and the deduction of 100 per cent of her collateral disability benefits.
The Director's Delegate dismissed both appeals, finding that the arbitrator's conclusions on entitlement and the special award were supported by the evidence, and that the plain meaning of the Schedule supported the 100 per cent deduction of collateral benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 8, 1997
